Litigation funding refers to the practice of financing a lawsuit or legal dispute by a third-party investor who is not a party to the case. In Kenya, litigation funding is a relatively new concept, but it is gaining popularity as a means of accessing justice for individuals and organizations that might not have the financial resources to pursue a legal claim.
There are several options and strategies for litigation funding in Kenya, including:
- Traditional law firm financing: Many law firms in Kenya offer financing options to their clients, such as contingency fees, where the law firm only gets paid if the client wins the case, or fixed fee arrangements, where the client pays a fixed amount for legal services regardless of the outcome of the case.
- Third-party litigation funding: In this model, a third-party investor provides funding for legal fees and other expenses in exchange for a percentage of the settlement or judgment. This option is typically used in high-stakes cases where the potential payout is significant.
- Crowdfunding: This involves raising funds from a large number of people through online platforms. Crowdfunding is a popular option for smaller claims or cases that have a social justice component.
- Legal aid organizations: There are several legal aid organizations in Kenya that provide free or low-cost legal services to individuals and organizations who cannot afford to pay for legal representation.
- Insurance: Some insurance companies offer legal expense insurance, which covers legal fees and other expenses associated with a legal dispute.
- Pro bono: Pro bono services can be an excellent option for individuals and organizations who cannot afford to pay for legal representation but still require legal assistance. However, it is important to note that pro bono services are usually only available in certain circumstances and may be limited in scope. When considering pro bono legal services, it is important to research the organization or law firm offering the services and ensure that they have the expertise and experience necessary to handle your case. It is also important to be upfront and honest about your financial situation to ensure that you qualify for pro bono services.
When considering litigation funding options and strategies, it is important to consider the costs and benefits of each option, as well as the potential risks and rewards. It is also important to work with a reputable and experienced litigation advocate who can help you navigate the legal system and ensure that your rights and interests are protected.